You probably know the importance of preservation, but do you know the evolution of preservation? Cimplifi discusses that here!
In their post titled (wait for it!) Know When to Hold Em: The Evolution of Preservation (available here), Cimplifi discusses how the way organizations fulfill that duty has transformed dramatically over the past half century. What began as a simple obligation to store paper files in locked cabinets has evolved into a sophisticated, technology-driven discipline encompassing terabytes of email, cloud content, chat data, mobile communications, and now generative AI-created material. Each era of information management has brought new opportunities and new preservation challenges.
Before the digital revolution, preservation was a largely manual process. Evidence existed in tangible form (e.g., paper letters, contracts, invoices, handwritten notes, and paper reports). When litigation was threatened, lawyers and records managers would typically identify the relevant physical files, box up the contents, and place them under lock and key. Chain-of-custody documentation often consisted of handwritten logs or receipts.
The advantage of this model was control: documents were centralized, finite, and relatively easy to secure. The downside was fragility. Fires, floods, or misfiling could permanently destroy records. There were often no backups. Still, the limited scope of paper evidence meant that preservation obligations were manageable and straightforward. There were no questions about metadata, accessibility, or formats: just physical possession and safekeeping.
So, how have preservation obligations become more complex over the past several decades? And what does the future of preservation look like? Find out here, it’s only one click! You can only click if you didn’t print this out! 😉
So, what do you think? How is your organization managing legal holds? Please share any comments you might have or if you’d like to know more about a particular topic.
Image created using Microsoft Designer, using the term “professionally dressed robots at a poker table playing poker with some holding cards”.
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Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
